Nothing helps Arizona residents cool down on hot summer days like an afternoon in the pool. There’s an inherent risk that comes with pool management, though. Pool owners who don’t take steps to protect themselves and their loved ones from danger can unwittingly facilitate swimming pool accidents.
Swimming Pool Accidents in Arizona
Arizona’s swimming pool accidents are most often caused by:
Lack of Fencing
Homeowners with young children are required to install fences around their pools for their children’s sake. These fences are designed to keep children who may not be able to swim out of harm’s way. The state’s code states that these fences should ideally have latching gates that self-close when on private property.
Pools on public property must abide by the requirements established in Arizona’s Administrative Code. The code does not elaborate on any fencing requirements, but these public pools are still encouraged to post five-foot fences around their exteriors.
A public pool without the proper fencing can be charged with negligence in the face of a swimming pool accident. The same can be said of a private pool at a waterpark or user access. If a child gets into an accident at a friend’s fence-less pool, that friend’s parents may face negligence charges, should the injured party’s parents wish to pursue them.
Failing Flotation Devices
Young children in particular, benefit from the swimming assistance provided by poolside flotation devices. Whether your child uses “floaties” or relies on larger flotation devices to travel across the pool, you need to keep an eye on said devices when they’re in use. Manufacturers may have released certain devices onto the market without appropriate testing.
Technically speaking, the failure of a floating device to protect a child from harm can generate either a swimming pool accident case or a product liability case. If there was a problem with the product in question that developed during the product’s production, you can hold its manufacturer liable for your related losses.
Should the pool owner have failed to maintain their flotation devices, though, things change. Pool owners who allow invitees to use damaged floatation devices can be held liable for those parties’ injuries in the face of an accident.
Dangerous Poolside Conditions
Arizona’s Administrative Code states that private and public pool owners must ensure that their decks are in good condition before allowing invitees onto their property. Failure to create a safe environment in which invitees can swim can see accidents occur.
Accidents that occur on the deck of a pool still constitute swimming pool accidents. Injured parties can bring civil claims against pool owners who’ve failed to either warn them about dangerous deck conditions or who’ve otherwise failed to meet the expectations set forth in Arizona’s Administrative Code.
Inadequate Supervision at the Pool
Public and private pools alike benefit from the attention of a lifeguard. While not every pool is required to have a lifeguard on duty while it is in use, this supervision can help pool owners prevent dangerous swimming pool accidents.
A pool without adequate supervision that has not posted about its lack of a lifeguard may be liable for any accidents gone uncaught by attending staff members. With this in mind, all private and public pool owners with lifeguards should consistently provide their staff with supervisory training.
You May Be Entitled to Compensation After a Swimming Pool Accident
Should you or a loved one find yourselves involved in a swimming pool accident, you can take legal action against a related negligent party. At Feller & Wendt, our swimming pool accident attorneys can meet with you to discuss your right to a case.
You can schedule a consultation with our representatives by calling our office at (408) 702-2277. We are also available to compare schedules via our contact form.